Moral Turpitude

It has been stated that the term “moral turpitude” is so clear that there is no duty on the trial judge to define it in the absence of a request. The term has been defined in Georgia as follows:

“Turpitude in its ordinary sense involves the idea of inherent baseness or vileness, shameful wickedness, depravity with respect to a person’s duty to another or to society in general. In its legal sense it includes everything contrary to justice, honesty, modesty or good morals.” “All crimes of falsehood or crimes of deceit involve turpitude; but it is not safe to declare that such crimes are the only ones involving turpitude. In Ramsey v. State, the court said that a crime involving moral turpitude is one that is wrong in itself rather than wrong because it is prohibited by law. In Georgia, the test for whether a felony is one involving moral turpitude is “does the [crime], disregarding its felony punishment, meet the test as being contrary to justice, honesty, modesty, good morals or man’s duty to man?”

It has been held that the following offenses are crimes involving moral turpitude:

Fraud or false pretenses in obtaining something of value

Larceny or a misdemeanor theft by taking

Larceny after trust

Murder

Soliciting for prostitutes

Voluntary manslaughter

Sale of narcotics or other illegal drugs

Pattern of failure to file federal tax returns in years that taxes are due

Criminal Issuance of a bad check

Making a false report of a crime

The following have been held to be offenses that are not crimes involving moral turpitude:

Public drunkenness

Driving under the influence

Carrying a concealed weapon

Unlawful sale of liquor

Fighting

Simple Battery

Simple Assault

Misdemeanor criminal trespass

Child abandonment

Misdemeanor offense of escape

Misdemeanor offense of obstructing a law enforcement officer

The federal misdemeanor offense of Conspiracy in Restraint of Interstate Trade and
Commerce

Possession of less than one ounce of marijuana

[This is taken from Handbook of Criminal Evidence by Davis, 2000 edition].